Texas House Bill HB5335

Texas 2023 - 88th Regular

• Filed: 3/31/23

Caption

Relating to the creation of the Fort Bend County Municipal Utility District No. 264; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

If enacted, HB 5335 will significantly influence local governance and utility management in Fort Bend County. By establishing a municipal utility district, it provides a mechanism for local funding and management of utility services. The district will be authorized to undertake various infrastructure projects, particularly concerning roads and drainage systems, key components for community development and responsiveness to local needs.

Summary

House Bill 5335 establishes the Fort Bend County Municipal Utility District No. 264, granting it limited powers including the authority to issue bonds and impose assessments, fees, and taxes. The bill outlines the district's governance structure, consisting of a board of directors, and sets forth general provisions regarding the operations and duties necessary for fulfilling the district's public purpose. The bill ensures that the creation of the district and its land is subject to municipal consent, establishing a legal framework for its existence and operations.

Sentiment

General sentiment around the bill appears to be supportive among local officials who see the creation of the district as a means to facilitate public infrastructure improvements and enable better governance of utility services. However, there may be some concerns regarding the limitations placed on the district's power of eminent domain, which could affect future land acquisition efforts for such projects.

Contention

A noticeable point of contention is the specified limitation on the district's capacity to exercise eminent domain unless it receives at least a two-thirds majority vote from all elected members. This stipulation raises questions about the district's ability to manage and expand its operations effectively in the face of potential land acquisition challenges. Additionally, the need for municipal consent to proceed with its formation and related infrastructure projects emphasizes the balance between local governance and district autonomy.

Texas Constitutional Statutes Affected

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 102

• Chapter 54. Municipal Utility Districts
  • Section: 601
  • Section: 602